The proposed Regulation addressing situations of instrumentalisation in the field of migration and asylum, introduces a mechanism allowing Member States to derogate from their responsibilities under EU asylum law in situations of “instrumentalisation” of migration. Such idea was triggered by the situation that arose at the EU-Belarus border when the government of Belarus pushed migrants toward the EU borders in an attempt to destabilize the EU. In the proposed regulation, “instrumentalization” is very broadly defined and Member States would ultimately be able to derogate at will from their obligations.

Such regulation would severely undermine the rights of asylum seekers and refugees in Europe and would represent a very serious blow to the process of building a Common European Asylum System. Moreover, it is questionable whether it would even serve its purpose at all: it is unlikely that governments that try to destabilize the EU by using migrants will be discouraged from it by measures penalizing the same migrants.

Member States should focus on agreeing on reforms that support asylum systems to function effectively, and that protect rights, increase compliance and contribute to trust among them.

Read the full statement here

Original text published on ECRE website